Matter of Ressler v New York State Department of Environmental Conserv

Matter of Ressler v New York State Department of Environmental Conserv

Motion No: 2020-03115

Slip Opinion No: 2020 NY Slip Op 70364(U)

Decided on August 21, 2020

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272364

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-03115
In the Matter of Bruce J. Ressler, et al., appellants-
respondents, v New York State Department of
Environmental Conservation, et al., respondents,
Village of Saltaire, respondent-appellant.
(Index No. 3668/2019)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated January 29, 2019. Motion by Farrell Fritz, P.C., for leave to withdraw as counsel for the appellants-respondents. Application pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and on or before September 4, 2020, Farrell Fritz, P.C., shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court via e-mail to [email protected]; and it is further,

ORDERED that no further proceedings shall be taken against the appellants-respondents, without leave of the Court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further,

ORDERED that the application is granted, the appellants-respondents' time to perfect the appeal is extended, and on or before November 4, 2020, the appellants-respondents shall serve the joint record or appendix and the appellants-respondents' brief and upload digital copies of the joint record or appendix and the appellants-respondents' brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the joint record or appendix and the appellants-respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., COHEN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court